Orissa

Cuttak

CC/25/2016

Krupa Sindhu Sahu - Complainant(s)

Versus

Branch Manager,Magna Finance Corporation Ltd - Opp.Party(s)

S K Behera

27 Mar 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.25/2016

 

Krupa Sindhu Sahu,

At:Gokulpur,PO:Gobindpur,

PS:Tangi,Dist:Cuttack.                                                           … Complainant.

 

                Vrs.

 

1.         Branch Manager,

Magma Finance Corporation Ltd.,

Bhubaneswar Branch Office,

Nirmala Plaza,A-1,Forest Park,

Bhubaneswar,Dist:Khurda.

 

2.         Branch Manager,

Magma Finance Corporation Ltd.,

Cuttack Branch,Badambadi,Link Road,

Cuttack.                                                                                   … Opp. Parties.

             

Present:               Sri Bichitra Nanda Tripathy, Presiding Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   01.03.2016

Date of Order: 27.03.2017.

 

For the complainant  : Sri S.K.Behera,Advocate & Associates.

For the O.Ps.                : Sri B.B.Mishra,Advocate & Associates.

 

Sri Bichitra Nanda Tripathy,Presiding Member.

                The case is against the O.Ps for deficiency in service and unfair trade practice.

1. Shortly the case is that the complainant purchased a 2^nd hand Hydraulic Excavator machine of Tata Hitachi bearing Model No.Ex-70 with G.P.Bucket, Dozer Blade and Emergency spares with the financial help from the O.P.  The total cost of such machine was Rs.14,22,000/- out of which the complainant paid a sum of Rs.3,56,000/- and a sum of Rs.10,74,983/- was sanctioned by the O.P as loan.  Details of such loan sanctioned and repayment schedule were as per Annexure-1.  Due to sudden break down of the machine the complainant failed to pay the installments regularly as a result of which 9 E.M.Is were not paid.  Since the cheques deposited by the complainant towards repayment of installments were dishonoured, the O.P filed a case against the complainant U/S-138 of N.I. Act before the Chief Metropolitan Magistrate, Kolkata.  The complainant was afraid of the O.Ps and presumed that the O.Ps may seize the vehicle at any time since a sum of Rs.3,98,400/- was payable towards E.M.I and a sum of Rs.1,23,245/- was payable towards over due.   Finding no other way, the complainant filed a case under this Hon’ble Forum.  He has prayed for a direction to the O.Ps regarding not to seize the vehicle and also to pay him a sum of Rs.50,000/- as compensation towards mental agony and harassment and also to pay a further sum of  Rs.2000/- towards cost of litigation.  The complainant also filed a misc. case on the same matter and prayed for directing the O.Ps not to seize the vehicle during the pendency of this case.
2. The O.Ps vide their written statement dt.11.4.16 have intimated that the O.P had financed the complainant a loan worth Rs.10,74,983/- vide contract no.PG/0016/E/12/000063 dt.1.2.2014 repayable in 48 E.M.Is before 10.2.2018.  The complainant was a defaulter.  The cheques deposited by the complainant towards E.M.Is were dishonoured for which the O.Ps have initiated legal proceedings U/S-138 of N.I. Act against the complainant.  The O.Ps have also initiated another Execution proceeding to execute the award passed by the learned Arbitrator and filed the execution case no.33/2016 before the Hon’ble Dist. Court,Cuttackwhich is sub-judice.
3. We have gone through the case in details and perused the documents/papers as filed by the complainant and as well as by the O.Ps, heard the learned advocates from both sides and observed that the complainant had availed a loan from the O.P amounting to Rs.10,74,983/- and the same was repayable in 48 E.M.Is during the period from 10.3.2014 to 10.2.2018.  The complainant had failed to repay the installments in time.  The cheques deposited by the complainant towards E.M.Is were dishonoured for which the O.P has filed a case with the Metropolitan Magistrate,Kolkata vide No.CS/0051435/16.  The Arbitrator of the O.P finance company has passed an award against the complainant on 7.10.2015 wherein the complainant has to pay a sum of Rs.12,21,567.00 with interest @ 36% per annum  with effect from 13.05.2015 till date of award and thereafter @ 24% per annum till realization and also to pay a sum of Rs.10,000/-  as cost of this reference.
4. It is settled matter of law that a complaint cannot be decided by the Consumer For a after an arbitration award is already passed. (as decided vide C.C No.2006(3) CPR-339 (NC) and also by Revision Petition No.97/2012 State C.D.R.Commission,Odisha,Cuttack).  The arbitrator has passed the order on 7.1.2015 and the complainant has filed this case on 1.3.2016 i.e. after the arbitration award is already passed, hence this C.D.Case is not maintainable and stands dismissed.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 27^th   day of March,2017 under the seal and signature of this Forum.

 

   (Sri B.N.Tripathy )

                                                                                                         Member.

                                                                                                                                                                                                                                                                                                                                   (Smt. Sarmistha Nath) 

                                                                                                 Member(W).